Section 188: A Blueprint for Improving Access & Equal Opportunity NAWDP Conference May 26, 2016

Transcription

1 Section 188: A Blueprint for Improving Access & Equal Opportunity NAWDP Conference May 26, The LEAD Center is led by National Disability Institute and is funded by the Office of Disability Employment Policy, U.S. Department of Labor, Grant No. #OD

2 WELCOME Jamie Robinson Training & Technical Assistance Workforce Development LEAD Center - National Disability Institute jrobinson@ndi-inc.org Danielle Smith State EO Officer Complaint/Grievance Officer Division of Workforce Development State of Missouri danielle.smith@ded.mo.gov 2

3 The National Center on Leadership for the Employment and Economic Advancement of People with Disabilities (LEAD) is a collaborative of disability, workforce and economic empowerment organizations led by National Disability Institute with funding from the U.S. Department of Labor s Office of Disability Employment Policy, Grant No. #OD This document does not necessarily reflect the views or policies of the U.S. Department of Labor s Office of Disability Employment Policy, nor does the mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government. 3

4 LEAD CENTER MISSION To advance sustainable individual and systems level change that results in improved, competitive integrated employment and economic selfsufficiency outcomes for individuals across the spectrum of disability. 4

5 AGENDA WIOA from a Disability Perspective WIOA Section 188 & Disability Reference Guide Touchpoints in Serving Workforce Customers with Disabilities Best Practices Common Pitfalls CALLS TO ACTION: Workforce Leadership & Staff Missouri Workforce Development: Section 188 as Blueprint for Improving Equal Opportunity 5

6 WIOA FROM A DISABILITY PERSPECTIVE: BIG CHANGES Individuals with disabilities must be a part of State/Local Strategic Plans Performance outcomes must be identified and reported, including by disability Criteria for certifying American Job Centers (AJC) must include assessing physical/programmatic accessibility of facilities, programs/services, technology, and staff training VR must identify and respond to needs of employers and help with recruitment, job matching, hiring, on the job training, accommodations and retention (Title IV) 6

7 WIOA FROM A DISABILITY PERSPECTIVE: FIRST TIME Promotes financial literacy activities for youth and adults with disabilities (Title I) Adds definition of Customized Employment (Title IV): Competitive integrated employment Based on individual strengths, needs, and interests Designed to meet needs of individual and employer Carried out through flexible strategies Creates a Federal Cross-Agency Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (Title IV) 7

8 WIOA SECTION 188 8

9 WHAT IS SECTION 188? Section 188: Implements nondiscrimination and equal opportunity provisions of WIOA, contained in section 188 of the statute Prohibits discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief Requires that reasonable accommodations be provided to qualified people with disabilities Contains provisions identical to those in Section 188 of WIA Regulations for Section 188 of WIOA can be found at 29 CFR Part 38 9

10 WHO DOES SECTION 188 APPLY TO? (29 CFR 38.2, 38.4) Recipients are defined as any entity to which financial assistance under WIOA Title I is extended, including: State level agencies that administer or are financed by WIOA Title I funds State Employment Security Agencies State and local Workforce Investment/Development Boards One-Stop (Job Center) Operators Service providers, including eligible training providers On-the-Job Training employers Job Corps contractors and center operators (excluding federally-operated Job Corps centers, and Programs and activities that are part of the One-Stop delivery system that are operated by One-Stop partners 10

11 WHO IS A PERSON WITH A DISABILITY? For the purposes of the 188 Reference Guide, the term individual with a disability is defined in the current Section 188 regulations as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. 11

12 EXAMPLES OF EQUAL OPPORTUNITY Prohibiting discrimination against individuals with disabilities Providing reasonable accommodations/modifications of policies, practices, procedures for individuals with disabilities Using the same processes for all customers, including individuals with disabilities, for selecting participants in programs Administering programs in the most integrated setting appropriate Ensuring effective communication, including by providing auxiliary aids and services where necessary Providing programmatic and architectural accessibility 12

13 SECTION 188 DISABILITY REFERENCE GUIDE On July 6, 2015, Secretary of Labor Tom Perez released Promising Practices in Achieving Universal Access and Equal Opportunity: A Section 188 Disability Reference Guide The Reference Guide was jointly developed by: Civil Rights Center (CRC) Employment and Training Administration (ETA) Office of Disability Employment Policy (ODEP) With support and assistance from ODEP s LEAD Technical Assistance Center at the National Disability Institute. 13

14 SECTION 188 DISABILITY GUIDE The promising practices in the Guide correlate with the nondiscrimination (equal opportunity) and universal access requirements of Section 188 of the Workforce Investment Act (WIA): Reference Guide does not create new legal requirements or change current legal requirements; Promising practices do not preclude states and recipients from devising alternative approaches; Adoption of promising practices will not guarantee compliance. 14

15 TOUCHPOINTS IN SERVING CUSTOMERS WITH DISABILITIES 15

16 188 GUIDE: UNIVERSAL ACCESS Universal access to programs and activities: Understanding local needs Marketing and outreach Involving community groups and schools Effecting collaboration, including partnerships/linkages Intake, registration and orientation Staff training Assessments and screenings Service delivery 16

17 UNIVERSAL ACCESS: TOUCHPOINTS Understanding Local Needs Do State/Local WDBs consider needs of local population, including individuals with disabilities, in design and delivery of services? Is AJC aware of strategic plans developed by State/Local WDB and State s plan pertaining to Section 504 of Rehabilitation Act describing how AJC will address employment needs of PWD? Do AJC staff proactively include individuals with disabilities who represent the full spectrum of physical, mental, cognitive, and sensory disabilities, in planning, development of policies, and guidance? 17

18 UNDERSTANDING LOCAL NEEDS Promising Practices Diversifying Disability Outreach WDB Disability Action Sub-Committee Accessibility Reviews/Work Stations Common Pitfalls Co-Location without Partnership Lack of Diversity in Partners/Customers with Disabilities Represented 18

19 CALL TO ACTION WDB/AJC Leadership Reach out to 3 NEW partners in disability community Develop an outreach action plan that promotes partnership across spectrum of disabilities Initiate a disability sub-committee to be part of the solutions Develop a plan that outlines coordination and leveraging of resources/funds with partners, including shared outcomes 19

20 UNIVERSAL ACCESS: TOUCHPOINTS Intake, Registration and Orientation Disclosure of Disability Do staff ask all registrants (including customers with disabilities) if they need assistance during intake? Do staff explain that if customer discloses a disability, he/she may request a reasonable accommodation? Is it made clear that disclosure is voluntary and information regarding disability will be kept confidential? Do staff understand they must obtain permission before disclosing information about a customer s disability with others and that all discussions between staff and customers are in confidence? 20

21 INTAKE, REGISTRATION & ORIENTATION - DISCLOSURE OF DISABILITY Promising Practices Civil Rights Center: Asking, Telling, Using & Storing Job Accommodation Network: WorkforceGPS: Common Pitfalls No interactive process initiated by staff for disability inquiry, disclosure or request for accommodations Staff are not empowered to be problem solvers Workforce partners may not know AJCs can/should ask about disability 21

22 CALL TO ACTION WDB/AJC Leadership Require staff training on asking, telling, using storing of disability-related information Provide orientation materials in accessible formats for varied learning styles Develop an accommodation policy and procedures (test) Empower staff to be problem-solvers! AJC Staff & Partners Know it is legal and recommended to ask about disability in service provisions But illegal to ask about disability under employmentrelated provisions (Business Services) 22

23 PROMOTING UNIVERSAL ACCESS: TOUCHPOINTS Service delivery Is AJC encouraged to braid funds/resources with other agencies? Does AJC advise customers about Ticket to Work, Employment Networks available to SSI/SSDI beneficiaries? Is Business Services aware of and inform customers about Section 503 to increase hiring of people with disabilities? Does AJC integrate financial capability strategies to enhance long-term economic self-sufficiency, including financial education, individual development accounts, tax and work incentives, etc.? 23

24 CALL TO ACTION WDB/AJC Leadership Resource map local region outreach Collaborate with partners that have expertise in addressing needs of people across spectrum of disability Learn about Ticket to Work, 503, and effective practices of braiding funds with partners Require staff training on critical differences between providing information, making referrals, and steering AJC Staff & Partners Make it common practice to reach out to partners and collaborate to assist customers with multiple challenges and resource needs 24

25 SERVICE DELIVERY Promising Practices Workforce Employment Networks Integrated Resource Teams Common Pitfall Steering to VR vs. Engaging VR (or other agency) Lack of Active Resource Coordination 25

26 188 GUIDE: EQUAL OPPORTUNITY Equal Opportunity includes: Prohibit Discrimination Against Individuals With Disabilities Provide Reasonable Accommodations for PWD Provide Reasonable Modifications of Policies, Practices, and Procedures Administer Programs and Activities In Most Integrated Setting Appropriate Effectively Communicate With PWD Provide Program, Architectural, and Information and Communication Technology Accessibility Prohibit Discrimination in Employment Practices 26

27 EQUAL OPPORTUNITY: TOUCHPOINTS Provide Reasonable Accommodations Does AJC include an accommodation statement on all materials with contact information? Is accommodation statement posted every time AJC is promoting services, activities or events? Is a process in place for filling the accommodation request? Is there a designated person charged with fulfilling accommodation requests? Is AJC trained to ask if customers need accommodations, and are they empowered to fulfill simple requests? 27

28 PROVIDE REASONABLE ACCOMMODATIONS Promising Practices Collaboration with Blind, Deaf and Mental Health Organizations in local region Job Accommodation Network: Common Pitfall Customers may not use the terms disability or reasonable accommodations No interactive process in place for accommodations 28

29 CALL TO ACTION WDB/AJC Leadership Develop an accommodation policy/procedures have partners test it along customer flow Train staff and partners that disability-related inquiries are legal and recommended for eligibility of services and for which accommodations may help customer succeed Train staff on informing customer why you are asking medical questions, so he/she can decide to disclose AJC Staff & Partners Have go-to resources to help answer questions about effectively accommodating and serving customers with disabilities 29

30 EQUAL OPPORTUNITY: TOUCHPOINTS Administer Programs and Activities In Most Integrated Setting Appropriate Does AJC administer programs so that individuals with disabilities have access to full range of services available to all customers? Does AJC staff communicate to individuals with disabilities that they are entitled to full access in AJC, and not required to take advantage of separate services they may be eligible? Does AJC staff automatically refer job seekers with disabilities to State VR programs? Does AJC staff ensure that individuals with significant disabilities, are provided services that lead to competitive, integrated employment? 30

31 ADMINISTER PROGRAMS AND ACTIVITIES IN MOST INTEGRATED SETTING APPROPRIATE Promising Practices Accessible Work Stations Alternative Approaches to Employment Customized Employment Discovery Common Pitfall Steering Lack of flexibility to leverage funds/resources with partners 31

32 CALL TO ACTION WDB/AJC Leadership Train staff about obligations around effective communication with customers and providing auxiliary aids and services Be involved in physical site planning, moving, opening new sites, and modifying existing space and technology acquisitions AJC Staff & Partners Be objective when working with customers with disabilities Don t automatically refer a customer to another agency; instead, engage partners to work together towards shared employment outcomes 32

33 CONNECT WITH THE LEAD CENTER Website: Sign up for LEAD Center News: Follow the LEAD Center on Facebook: LinkedIn: linkedin.com/groups/lead-center YouTube: Contact us: Jamie Robinson, Technical Assistance Workforce, Rebecca Salon, Project Director, 33

34 MISSOURI DIVISION OF WORKFORCE DEVELOPMENT SECTION 188 AS BLUEPRINT FOR IMPROVING EQUAL OPPORTUNITY 34

35 HISTORY AND GOAL Consider how to incorporate strategies proven to be successful for people with disabilities as broad, universal strategies for all customers accessing the generic workforce system. Use Section 188 Disability Reference Guide as a blueprint for improving access and equal opportunity to the workforce development system and American Job Centers (Missouri Job Centers).

36 PILOT/PRACTICE NETWORK Using Section 188 (Disability Reference Guide) as a blueprint for improving access and equal opportunity to the workforce development system and American Job Centers Why focus on disability? Disability cuts across race, age, gender, sexual orientation and gender identity, ethnicity, religion and socio-economic status AND it is the only minority group that anyone can join at any time

37 STRATEGY FOR ANALYZING THE WORKFORCE SYSTEM Climate Survey Missouri Job Center Staff Missouri Job Center Customers Missouri Job Center Business Customers Missouri Workforce System 14 Workforce Boards 37 Full Service Career Centers 500+ employees

38 MISSOURI WORKFORCE SYSTEM STAFF 38

39 RESULTS OF THE SURVEYS Missouri Job Center Staff: Great responses! 451 unique views All regions represented Many helpful, thoughtful comments

40 MISSOURI JOB CENTER STAFF RESULTS Marketing (business) 44% Very good 34% Good 21% Fair or below Marketing (general) 37% Very good 34% Good 18% Fair or below Outreach 51% Very good 28% Good 21% Fair or below Involving community 44.5% Very good 32.46% Good 22.95% Fair or below

41 STAFF SURVEY RESULTS Provide reasonable accommodations 64% Very good 27% Good 9% Fair or below Prohibit discrimination 79% Very good 17% Good 3% Fair or below Services in integrated environments 67% Very good 25% Good 8% Fair or below Effective communication 66% Very good 25% Good 9% Fair or below

42 STAFF SURVEY COMMENTS Training (in person whenever possible) One comment made about a recent training (transgender population) very on point EO Tagline on all material One comment tagline can be overlooked. Suggested bold type, different color or font size to make it stand out Challenges Staffing Time (for more/broader outreach; to support job seekers; for training) Limited English proficiency and computer literacy

43 STAFF SURVEY RESULTS Ensure centers are accessible for everyone Increase presence of disability navigator Refresher training/brush-up on assistive technology Offer programs for money management Cross train with Vocation Rehabilitation (Voc Rehab) Making the Reasonable Accommodation policy more visible for staff and customers Integrate equipment for people with disabilities

44 MISSOURI WORKFORCE SYSTEM JOB SEEKERS 44

45 JOB SEEKER SURVEY RESULTS 670 Job Seekers Responded to the survey 8% Disclosed their disability Typically 2-3% of participants disclose their disability in initial application process Overall 94% reported staff were welcoming 6% overall said Job Centers could improve customer service 87% who disclosed a disability reported it was easy to access by car or public transportation Of those that disclosed a disability, 5 job seekers indicated that they did not receive their accommodation

46 MISSOURI WORKFORCE SYSTEM EMPLOYERS 46

47 EMPLOYER CUSTOMER SURVEY RESULTS Approximately 100 Responses: 65% of businesses had diversity policies that included disability 68% of businesses had an accommodation policy in place for job applicants and current employees 15% had Employer Resource Group (ERG) or Affinity Group specific to disability 36% of businesses engaged in targeted outreach to job seekers with disabilities, either directly or through partnership 36% of businesses had marketing materials that included or portray employees with disabilities

48 EMPLOYER SEEKER SURVEY 68% of the businesses have a formal or informal process to customize/modify a position to meet the needs of a current or returning employee with a disability (e.g., flexible schedule, modifying a job description, etc.) 20% of the businesses wanted Missouri Job Center Business Service Representatives to follow-up for more services

49 ACTION ITEMS Providing training on WIOA Section 188 Separate training for management and front line staff Provide in 3 different webinar sessions Reviewing Local Boards Reasonable Accommodation Policy Revised Case Note Policy Local Boards will create a strategic Outreach Plan Bi-annual surveys for Job Seekers and Employers Annual surveys for Job Center Staff Create online resources for our business customers

50 QUESTIONS OR COMMENTS Danielle Smith, State Equal Opportunity Officer (WIOA) Missouri Division of Workforce Development Phone: Missouri Relay Services